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(영문) 대구지방법원 2016.03.23 2015노1706

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 1.5 million imposed by the court below is too unfilled and unreasonable.

2. The crime of this case is deemed that the defendant taken the image of the victim who sees the change of the use of his mobile phone camera in the toilet, and the crime of this case is minor.

However, it cannot be seen that the Defendant recognized the facts charged in this case and reflects the depth thereof, the Defendant is the primary offender without any previous conviction, the Defendant appears to have leaked or leaked the images taken by the Defendant, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., are too uneasible to the lower court’s punishment, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.